Assessing The Common European Asylum System
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Assessing The Common European Asylum System
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Author : Radu-Mihai Triculescu
language : en
Publisher: BRILL
Release Date : 2024-11-04
Assessing The Common European Asylum System written by Radu-Mihai Triculescu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-04 with Law categories.
How much discretion do bureaucrats have when deciding who gets refugee status? Where does the boundary between law and practice lie when it comes to asylum in the European Union? In this book, you will find answers to these questions in an exploration of the decision-making context in which policy implementors conduct their work and turn policies into practice. Drawing from the insights of street-level bureaucracy and role-conflict theory, a better understanding is given of how decisions are made by policy implementers in situations of incomplete information or ambiguous policy vision and guidance.
The Eu Accession To The Echr
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Author : Vasiliki Kosta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Eu Accession To The Echr written by Vasiliki Kosta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
The First Decade Of Eu Migration And Asylum Law
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Author : Elspeth Guild
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-11-25
The First Decade Of Eu Migration And Asylum Law written by Elspeth Guild and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-25 with Law categories.
More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary. The journal itself is the basis for the book: authors who have written the most significant contributions for the journal on the relevant issues to the Area of Freedom Security and Justice (AFSJ) have revised and updated their articles in light of current developments. These are supplemented with new chapters on issues which have turned out to be particularly important to the development of the field. The success of the journal has demonstrated the need for informed, independent academic research on the changing nature of immigration and asylum in Europe, and this volume too seeks to meet that need. It offers a unqiue and lively collection of essays covering the field of EU immigration and asylum law from a variety of perspectives.
Assessing The Costs And Impacts Of Migration Policy
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Author : Solon Ardittis
language : en
Publisher: Hammersmith Press
Release Date : 2008
Assessing The Costs And Impacts Of Migration Policy written by Solon Ardittis and has been published by Hammersmith Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.
The impact and costs of migration policy measures are often unknown, and performance indicators may be very rudimentary. Several studies, especially in the United States, have tried to measure the costs and benefits of immigration. However, there have been few cross-national attempts to assess how countries evaluate their migration policies and programmes and what procedures and mechanisms they use to conduct those evaluations. This book provides a range of recommendations for improving the design and implementation of evidence-based and accountable policies in the field of migration and asylum.
Research Handbook On Climate Change Migration And The Law
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Author : Benoît Maye
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-10-27
Research Handbook On Climate Change Migration And The Law written by Benoît Maye and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-27 with Law categories.
This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.
Proof Evidentiary Assessment And Credibility In Asylum Procedures
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Author : Gregor Noll
language : en
Publisher: BRILL
Release Date : 2005-03-01
Proof Evidentiary Assessment And Credibility In Asylum Procedures written by Gregor Noll and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-01 with Law categories.
Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess. Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment. Drawing on the results of a 12-month research project within the framework of the Refugee Research Programme and of three interdisciplinary expert conferences held at the Danish Centre for Human Rights, Copenhagen, the Institute for International Integration Studies, Dublin, and the Faculty of Law, Lund, this volume sets new parameters for an informed debate on evidence in asylum cases.
Evidence In European Asylum Procedures
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Author : Ida Staffans
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-04-19
Evidence In European Asylum Procedures written by Ida Staffans and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.
This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.
The Refugee Definition In International Law
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Author : Hugo Storey
language : en
Publisher: Oxford University Press
Release Date : 2023
The Refugee Definition In International Law written by Hugo Storey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
In international law the definition of refugee is widely seen as unclear. This book systematically analyses the interpretation, ordering, and interrelationship of the definition's components as well as the disputes that have arisen around it. The volume seeks to clarify propositions and demonstrate there is progress toward a working definition.
Reforming The Common European Asylum System Legislative Developments And Judicial Activism Of The European Courts
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Author : Samantha Velluti
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-09-30
Reforming The Common European Asylum System Legislative Developments And Judicial Activism Of The European Courts written by Samantha Velluti and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-30 with Law categories.
In June 2013, after lengthy and complex negotiations the EU adopted the recast “asylum package” which represents a significant step forward in the future development of CEAS. In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the “lens” of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers’ rights. The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted “second-generation” legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States. Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law. Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.
Reforming The Common European Asylum System
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Author : Vincent Chetail
language : en
Publisher: BRILL
Release Date : 2016-02-15
Reforming The Common European Asylum System written by Vincent Chetail and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-15 with Law categories.
This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.